BVA9513198
DOCKET NO. 93-16 779 ) DATE
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On appeal from the decision of the
Department of Veterans Affairs Regional Office in Denver,
Colorado
THE ISSUE
Entitlement to service connection for residuals of frostbite
of the legs and feet.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Mark D. Chestnutt, Associate Counsel
REMAND
The veteran had active duty from October 1942 to September
1945 and November 1950 to July 1951.
The veteran stated that he has been treated by the Department
of Veterans Affairs (VA) as well as by private medical care
providers for residuals of frostbite of his legs and feet.
The case is REMANDED to the regional office (RO) for the
following development:
1. The RO should obtain the names and
addresses of all medical care providers
who treated the veteran for any pathology
of the feet or legs since 1957.
Specifically, the RO should attempt to
obtain records from 1957 to 1960 from the
VA medical center in Miles City, Montana;
the records from 1988 from the VA medical
center in Reno, Nevada; and records from
1990 to the present from the VA medical
center in Denver, Colorado. The RO
should obtain the 1963 treatment records
from the U.S. Postal Service physician
and the podiatrist that the veteran noted
in his February 1993 Notice of
Disagreement. After securing the
necessary release, the RO should obtain
these records.
2. After the development requested above
has been completed to the extent
possible, the RO should again review the
record. If any benefit sought on appeal,
for which a notice of disagreement has
been filed, remains denied, the appellant
and representative, if any, should be
furnished a supplemental statement of the
case and given the opportunity to respond
thereto.
Thereafter, the case should be returned to the Board, if in
order. The Board intimates no opinion as to the ultimate
outcome of this case. The appellant need take no action
unless otherwise notified.
WAYNE M. BRAEUER
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1994).